Kaba Ilco Class Action

On May 12, 2011, Kim Orr Barristers filed a $120 million class action against Kaba Ilco Corp., Kaba Corporation, Kaba Finance Corporation, Kaba Benzing America Inc., Kaba U.S. Holding Ltd., Kaba Delaware, LCC, Kaba AG, and Kaba Holding AG (collectively, "Kaba"). The lawsuit is filed on behalf of all persons who purchased or otherwise acquired in Canada one of the following pushbutton locks, produced under the names Unican and Simplex:

(collectively, the "Locks")

The Locks are the subject of an alleged common defect. The allegation is that because of a flaw in their design, the Locks can be opened by affixing a commercially available magnet to the outside of the lock. It is alleged that the magnet manipulates the internal mechanism and allows the lock to be unlocked with ease and without inputting the necessary combination, with no record of the method used to open the lock. The claim alleges that this defect poses a real and substantial danger to the personal safety and security of the property of the class members.

The claim alleges that Kaba was negligent in the design, testing, development, manufacture, assembly, inspection, promotion, marketing, distribution and sale of the Locks. It further alleges that Kaba failed to warn the class members about the defect in the Locks, made negligent misrepresentations with respect to the Locks, conspired to conceal the defect from class members and the general public, and breached its obligations under the Canada Competition Act, R.S.C. 1985, c. C-34, and the Ontario Sale of Goods Act, R.S.O. 1998, c. S-1.

Kim Orr will bring a motion for the certification of this action as a class proceeding. The date of the certification motion will be posted as soon as it is set by the Court.

For more information about this class action please contact Megan McPhee, at mbm@kimorr.ca